Obtaining Custody Sibling

by John from Melbourne, Florida, Brevard County

I am 24 years old, and would like to obtain legal guardianship of my 17 year old brother. He turns 18 in September, his mother and stepfather are trying to move out of the state, and he wants to live with me.

How do I go about obtaining guardianship of him so that he can stay in high school in Florida and live with me? Any information would be greatly appreciated.

Also, I'm not sure if this information would also help, but our father lives in Florida but on the other side of the state.

We think he and his mother share joint custody. But like I said, he wants to live with me and so that he can stay here and finish school, and be near other family.

Answer to Florida Child Custody Question

Dear John,

You can petition the court for temporary custody of your brother based on Florida Statute 751 – Temporary Child Custody By and Extended Family Member.

Legal Guardianship in Florida is generally used for children that have assets, such as a large inheritance to protect, and I don't think it is the procedure that you're asking about.

Generally, a child's custodial parent must consent to the temporary custody.

Some of the circuits have these forms readily available on their website, and others do not.

The process for petitioning for temporary custody is the same throughout the state, so if you locate a form for one circuit it will work in another with minor changes. ave a look at our Temporary Custody Forms page for more information.

Alternatively, if your brother is self supporting, he is old enough to be emancipated.

Again, his mother will likely have to consent to his emancipation.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

Comments for Obtaining Custody Sibling

My brother is 13 years old and lives with me. I am 21, he has lived with my aunt as well but neither of us are leagl guardians of his. My mother left the country 4 years ago and my father has alway been in the state but doesn't care for his son so it's up to me to do so but won't bother giving me custody.

He works and can provide as he did for 5 children before he is just being irresponsible and careless. What can I do in my case? Or is there anything that can be done in order for him to take responsibilty for his child? Either that or help me out with like child support for him.

--It sounds like the temporary custody process is what you are looking for. Use the Search tool on the right column of this page and type in "Temporary Custody" to find more information. With the temporary custody form, you can ask for and get child support from the biological father.--Staff

Bbtaining Custody of My Sisterby: Anonymous

My 14 year old sister is living in really bad conditions with her mom in Jacksonville. The point here is that she doesn't want to go back to her mom because her mom doesn't do nothing to improve their quality of life. She is living off of my sister’s social security check that she receives from my dad who lives in PR and she doesn't provide my sister with the stuff she is supposed to.

My sister is even 2 grades behind on school. She wants to live with me here in Orlando but I don't know how to get guardianship/custody of her. Can somebody help me or tell me what I can do? Any help will be very appreciated. Thanks!!!!